Options for regulation of unregistered health practitioners Decision Regulation Impact Statement

Counted by provider identified in complaint

In 2009–10, the Commission took finalised its investigation into health practitioners with the following outcomes.

Outcome	Health practitioner														Total
	Medical practitioner	Nurse	Pharmacist	Chiropractor	Dentist	Physiotherapist	Psychologist	Dental technician and prosthetist	Administration/clerical staff	Alternative health practitioner	Massage therapist	Natural therapist	Psychotherapist	Traditional Chinese medicine practitioner	No.	%
Referred to Director of Proceedings	91	32	7	4	2	2	3	–	–	–	–	–	–	–	141	59.5
Referred to registration board	26	12	3	2	–	1	–	–	–	–	–	–	–	–	44	18.6
No further action	20	8	1	–	1	–	–	–	1	–	–	–	–	1	32	13.5
Comments	10	1	1	–	–	–	–	–	–	–	–	1	1	–	14	5.9
Prohibition order/public statement	–	–	–	–	–	–	–	2	–	1	1	–	–	–	4	1.7
Referred to Director of Public Prosecutions	2	–	–	–	–	–	–	–	–	–	–	–	–	–	2	0.8
Total	149	53	12	6	3	3	3	2	1	1	1	1	1	1	237	100.0

In relation to unregistered health practitioners, the Commission made two prohibition orders. In addition, the Commission made a prohibition order in two complaints against a dental technician who had offered services as a dentist. Two investigations against unregistered health practitioners were finalised without any further action taken; another two investigations resulted in the Commission making comments to the practitioner.

A breakdown of the outcomes of Commission investigation for previous year can be found in the appendices of the Commission’s annual reports, which are available online at http://www.hccc.nsw.gov.au/Publications/Annual-Reports/default.aspx

Appendix 11.2: QLD Health Quality and Complaints Commission complaints data

Types of issues raised regarding unregistered providers between 2008–2009 with the Health Quality and Complaints Commissioner in Queensland

Clinical Setting Tier 1	Stage	Open Status	Issue – Category	Issue – Level 1
Alternative care	Investigation	Closed	Professional Conduct	Assault
Alternative care	Intake	Closed	Communication & Information	Inadequate information provided
Alternative care	Intake	Closed	Communication & Information	Inadequate information provided
Alternative care	Intake	Closed	Professional Conduct	Assault
Alternative care	Intake	Closed	Treatment	Conduct of treatment
Alternative care	Intake	Closed	Treatment	Unexpected treatment outcome/complications
Alternative care	Intake	Closed	Reports/Certificates	Issue false or misleading certificate / report
Alternative care	Intake	Closed	Privacy / Confidentiality	Inappropriate disclosure of information
Alternative care	Assessment	Closed	Treatment	Conduct of treatment
Alternative care	Investigation	Closed	Treatment	Conduct of treatment
Alternative care	Intake	Closed	Treatment	Conduct of treatment
Alternative care	Intake	Closed	Treatment	Conduct of treatment
Alternative care	Intake	Closed	Fees, Costs & Rebates	Billing Practices
Alternative care	Referral to External Agency	Open	Medication	Adverse reaction to correct medication
Alternative care	Intake	Closed	Communication & Information	Inadequate information provided
Alternative care	Referred to Board	Open	Medication	Medication error
Alternative care	Investigation	Closed	Treatment	Conduct of treatment
Alternative care	Referred to Board	Open	Professional Conduct	Misrepresentation of qualifications
Alternative care	Intake	Closed	Professional Conduct	Assault
Alternative care	Intake	Closed	Treatment	Rough and painful treatment
Alternative care	Intake	Closed	Professional Conduct	Illegal practice
Alternative care	Assessment	Open	Treatment	Wrong/inappropriate treatment
Alternative care	Assessment	Closed	Consent	Uninformed consent
Alternative care	Intake	Closed	Treatment	Co-ordination of treatment
Alternative care	Investigation	Open	Professional Conduct	Illegal practice
Alternative care	Intake	Closed	Treatment	Inadequate treatment
Alternative care	Intake	Closed	Professional Conduct	Boundary violation
Alternative care	Assessment	Open	Treatment	Wrong/inappropriate treatment

Appendix 11.3: Victorian Health Services Commission complaints data

Types of unregistered practitioners and numbers of complaints made to the Health Services Commission between 2006–2010 in Victoria

Type	2010	2009	2008	2007	2006	Total
Alcohol & Drug Service	2	4	1	1	1	9	5%
Alternative therapist	11	16	5	18	12	62	38%
Audiologist	0	1	1	0	2	4	2%
Beauticians/ laser therapy/ beauty clinics	13	9	9	7	11	49	30%
Counsellor/counselling service	4	6	4	5	3	22	13%
Medical Technician	0	1	1	0	1	3	2%
Occupational therapist	4	3	2	2	3	14	8%
Social Worker	0	1	1	0	0	2	1%
Total	34	41	24	33	33	165	100%
	21%	25%	15%	20%	20%	100%